The Ethical Argumentation And Construction Of Law On Therapeutic Cloning

Cloning technology has brought about a lot of benefits to human life, and particularly, human cloning has become a great concern. Human cloning can be classified as therapeutic cloning and reproductive cloning. The two have similarities and also differences. The purpose of reproductive cloning is to reproduce a man, while therapeutic cloning is to treat disease. Reproductive cloning has been banned by all international organizations and governments. At present, therapeutic cloning is at the beginning point, and has a series of ethical problems. The biggest problem is that it involves the creation and destruction of human embryo. Its essence is human embryo's ethical status and dignity, which determines whether therapeutic cloning conforms to bioethics. There has been a heated debate about it among people. This thesis, through a detailed proof about the ethical status and dignity of human embryo, points out that early human embryo doesn't have the same ethical status and dignity as a man. Under some special circumstances, that is, treating diseases and saving lives, it should be scarified to human life. The thesis also points out therapeutic cloning is beneficial to safeguard patient's interests and rights, then it comes to the conclusion that therapeutic cloning is in conformity to bioethics and people should support it.Our country's cloning technology research is advanced all over the world. But we don't have relevant laws, which will lead to the abuse of cloning and risks, seriously block the development of some related industries. Whereas most developed countries has already made laws on therapeutic cloning to guide and guarantee its development. In order to safeguard patients' interest and rights, promote the healthy and fast development of therapeutic cloning, we should make the construction of the law. The construction of the law must be based on ethics, because law is the basic ethics, and it must be consistent with basic ethical principles, that is, the principle of respect, the principle of security and beneficence as well as the principle of non-commercialization. Considering our national conditions and the relative laws in other countries, we are supposed to construct the law on therapeutic law in two aspects, that is, the law on therapeutic cloning research, including its subject qualification, code of conduct, supervision system, security regulations, rewards, punishments and so on, and the law on therapeutic cloning application which includes application subject qualification, doctor-patient relationship.